Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Congo (Ratification: 1986)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention.

1. The Committee notes the reference made in the Government's report to Decree No. 9036 concerning general safety and health measures and Decree No. 9029 of 10 December 1986 concerning safety devices for dangerous machines. It requests the Government to supply copies of these Decrees with its next report.

2. The Committee notes the Government's indication in its report that there is no text specifically giving effect to the provisions of the Convention, as well as its detailed indications, under most Articles of the Convention, concerning implementing measures which remain to be taken. The Committee accordingly hopes that the detailed laws or regulations and implementing measures necessary to the full application of the provisions of the Convention will soon be adopted, and that the Government will indicate in its next report the specific measures taken or envisaged in order to ensure safety and health in dock work, as required by Article 4 of the Convention.

3. Furthermore, the Committee requests the Government to supply clarifications in its next report on the following points:

Article 6. In the Government's report, reference was made to internal instructions concerning the prevention of occupational risks. Please supply copies of any such instructions and indicate the measures taken to ensure that all dockworkers comply with the duties enumerated in this Article and that they are guaranteed the right to participate in ensuring safety in the workplace by expressing their views on working procedures.

Article 13, paragraphs 1 and 3. Section 135 of the Labour Code provides that the sale or use of unguarded machinery shall be prohibited according to determinations to be made by the committee responsible for licensing dangerous machines. Please indicate any determinations made by the Committee in this regard.

Article 14. The Committee notes the general safety measures concerning electrical equipment provided for in section 133 of the Labour Code. It would, however, like to call the Government's attention to section 1.7 of the ILO Guide to Safety and Health in Dock Work which recommends more detailed regulations concerning insulation and the fixing of cables. Please indicate the measures taken to ensure that more detailed safety regulations concerning electrical equipment are applied at the workplace.

Article 34. The Committee notes the information supplied in the Government's report concerning provisions of a collective agreement which provide gloves and masks to certain dockworkers. Please supply the relevant sections of those collective agreements concerning dockworkers which ensure the provision of protective equipment. The Committee would also like to draw the Government's attention to Chapter 14 of the ILO Guide to Safety and Health in Dock Work which specifies the type of personal protective equipment necessary in the various aspects of dock work. Please indicate the measures taken to ensure that all dockworkers will be provided with necessary clothing and equipment to ensure adequate protection in their working environment.

Article 35. The Committee notes that section 147 of the Labour Code provides that employers are responsible for evacuating injured and sick workers. Please indicate the measures taken to ensure that all workplaces are equipped with adequate facilities, including trained personnel for the rescue of any person in danger, for the provision of first aid and for the removal of injured persons.

Article 36, paragraph 1. The Committee notes that section 142 of the Labour Code provides that the Minister of Labour and Social Security shall determine the conditions in which medical examinations are to be carried out and the measures to be taken for the provision of occupational health services. Please indicate any measures which have been taken in this regard.

Article 36, paragraph 2. The Committee notes that section 146 of the Labour Code ensures that free medical care is provided for sick workers or family members. This paragraph of the Convention, however, provides that all medical examinations carried out in pursuance of paragraph 1 of this Article shall be free of cost to the worker. Please indicate the measures taken to ensure that these medical examinations are free of cost to the worker.

Article 37, paragraph 1. The Committee notes that Decree No. 9030 of 10 January 1986 creates certain safety and health committees. Please indicate whether there is a safety and health committee for every port where there is a significant number of workers.

Article 38, paragraph 1. The Committee notes the information provided in the Government's report concerning technical safety and health committees. It would call the Government's attention to section 20.2 of the ILO Guide on Safety and Health in Dock Work which points out that such committees must be provided with information on occupational accidents and diseases and unhealthy working conditions in general. Please indicate the measures taken to ensure that these committees are adequately informed about the risks relevant to the various aspects of dock work.

Article 40. The Committee notes that section 140 of the Labour Code provides that orders concerning sanitary and washing facilities shall be issued by the Minister of Labour. Please indicate the measures taken in this regard.

4. Referring to part 2 above, the Committee requests the Government to indicate in particular the specific measures taken to ensure the following provisions of the Convention:

Article 5, paragraphs 1 and 2 - Responsibility for safety and health measures; employers' duty to collaborate where two or more employees undertake activities simultaneously at one workplace.

Article 7, paragraphs 1 and 2 - Consultation with employers' and workers' organisations and collaboration between workers and employers concerning the application of measures taken to give effect to the Convention.

Article 8 - Measures to protect workers from areas which have become unsafe.

Article 9, paragraphs 1 and 2 - Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2 - Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2 - Width of passageways and separate passageways for pedestrians.

Article 12 - Adequate means for fighting fire.

Article 13 - Measures for ensuring that power to any machinery is cut off in an emergency or when cleaning, maintenance and repair work are taking place; regulations concerning safety devices.

Article 15 - Safe means of access to ships during loading and unloading.

Article 16, paragraphs 1 and 2 - Safe transport to or from a ship or other place of water, embarking and disembarking of ships as well as safe transport to or from a workplace on land.

Article 17, paragraphs 1, 2 and 3 - Access to a ship's hold or cargo deck.

Article 18, paragraphs 1, 2, 3, 4 and 5 - Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2 - Protection around openings in decks; closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4 - Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 21 - Regulations concerning strength, design and use of loose gear and slings.

Article 22, paragraphs 1, 2, 3 and 4 - Testing of lifting appliances and loose gear.

Article 23, paragraphs 1 and 2 - Certification of lifting gear.

Article 24, paragraphs 1 and 2 - Inspection of slings and loose gear.

Article 25, paragraphs 1, 2 and 3 - Registers of lifting appliances and loose gear.

Article 26, paragraphs 1, 2 and 3 - Members' mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3 - Marking lifting appliances with safe working loads.

Article 28 - Rigging plans.

Article 29 - Strength and construction of pallets for supporting loads.

Article 30 - Safety measures for attaching loads to lifting appliances.

Article 31, paragraphs 1 and 2 - Operation and layout of freight container terminals.

Article 32, paragraphs 1, 2, 3 and 4 - Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres.

Article 33 - Regulations concerning excessive noise.

Article 38, paragraph 2 - Minimum age limit for workers operating lifting appliances.

Article 39 - Reporting procedures for occupational accidents and diseases.

Article 41 - Duties in respect of occupational safety and health.